Bonum Certa Men Certa

Ignore So-Called Professional Advice From Patent Law Firms and Share Information

Science before profit

Science before profit



Summary: A roundup of patent news and supposed 'advice' from firms whose sole motivation is to increase the number of patents irrespective of patent quality and effects on science

THE US patent system is moving away from software patents (some attempts to revive these notwithstanding) and now is a good time to highlight bad advice from firms that profit from software patents -- without actually writing a single line of code!

IdeaJam, which was last mentioned here 7 years ago (in the comments), has returned to the headlines [1, 2]. These people seem to be rebranding/reinventing themselves (and their company) as more of a "patent platform" which targets "startups" or "entrepreneurs" -- even though these are often the most convenient target for trolling; they can't afford or don't have the incentive to legally defend themselves in court. "Oldenburg said the service protects users ideas," according to one of those promotional articles, "by automatically privatizing and encrypting documents. Users can manage their privacy settings, and choose to share with certain collaborators. And unlike services like LegalZoom, which can help supply patent documents, Oldenburg said IdeaJam goes beyond that, connecting users with others who may be able to help build their business."

Small businesses need to crowdsource and pool resources (the above articles speak of "crowdfunding"), not bicker over patents. But companies that are in the business of "patents" don't want people to think that way...

About a month ago The Independent (UK) published this article titled "How a free-for-all on patents could help build a sustainable future" -- a piece which encouraged publication of one's ideas, asserting that a sharing economy works better. Here is a portion:

To sustain the the population of 9.7 billion expected by 2050 the world is going to need innovations that make careful use of available resources, both human and environmental. Key industry sectors such as energy, water, agriculture and transport are already under pressure to move to more sustainable methods of production and consumption. However, there are barriers in the way.

One of these lies in how the world manages the creation and ownership of inventions and ideas. The the protectionist approach to intellectual property, designed to protect and prolong the lifecycle of existing technologies and allow innovators to capture the profits from their creations.


The Independent expresses views that many people agree with. The patent microcosm, however, is very nervous about such a mindset. It might make the microcosm obsolete.

Consider this recent ad in the form of an 'article' by Elaine Bergenthuin, managing partner at De Beer Attorneys. "Why register or patent?" is the title and it's more or less a placement from a patent law firm which profits from patent chaos, i.e. patent maximalism. Local press too publishes the habitual glorification of patents, typically software patents. Why is that? Why are these treated as trophies in spite of the ebbing/declining potency of such patents? Who's hoping for software patents anyway? Certainly not software developers.

A lot of the advocacy of software patents continues to come from lawyers' media with headlines such as "Is Software Patentable? Recent US Case Law Offers a Glimmer of Hope," insinuating that such patents bring "hope" rather than desperation. Truth be told, parasitic firms like this author's wish software developers to actually believe that they need software patents and that software patents still have merit; forth they come with totally meaningless statements like, "as inventors know, software can implement methods which are technical solutions to technical problems."

That's nonsense. It doesn't even say anything. This is pure marketing. Here is another new example from lawyers' media. Paul, Weiss, Rifkind, Wharton & Garrison LLP says that "prohibition on patenting abstract ideas has been applied extensively to patents and patent applications on software and business methods."

They basically oppose this, as one can expect. Elsewhere in the news we find this press release which says "Leonard has extensive technology leadership experience and is the co-inventor of four software patents."

He cannot be "co-inventor of four software patents." Because nobody "invents" a patent. People invent things and sometimes they pursue a patent, but the patent itself is not the invention.

The world desperately needs proper patent journalism. Right now we have the patent 'industry' writing or ghostwriting the news.

Recent Techrights' Posts

Technology: rights or responsibilities? - Part VIII
By Dr. Andy Farnell
GNU/Linux Reaches All-Time High in Europe (at 6%)
many in Europe chose to explore something else, something freedom-respecting
Techrights' Statement on Code of Censorship (CoC) and Kent Overstreet: This Was the Real Purpose of Censorship Agreements All Along
Bombing people is OK (if you sponsor the key organisations), opposing bombings is not (a CoC in a nutshell)
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 24, 2024
IRC logs for Sunday, November 24, 2024
Gemini Links 25/11/2024: Purity and Cory Doctorow's Ulysses Pact, Smolnet Portal and SGI
Links for the day
Patents Against Energy Sources That Reduce Pollution
this EV space (not just charging) is a patent mine field and it has long been that way
DARPA’s Information Innovation Office, Howard Shrobe, Values Compartmentalisation But Loses the Opportunity to Promote GNU/Linux and BSDs
All in all, he misses an opportunity
Wayland is an Alternative to X
the alternative to X (as in Twitter) isn't social control media but something like IRC
BetaNews, Desperate for Clicks, is Pushing Donald Trump Spam Created by LLMs (Slop)
Big clap to Brian Fagioli for stuffing a "tech" site with Trump spam (not the first time he uses LLMs to do this)
[Meme] Social Control Media Bliss
"My tree is bigger than yours"
Links 24/11/2024: More IMF Bailouts and Net Client Freedom
Links for the day
Gemini Links 24/11/2024: Being a Student and Digital Downsizing
Links for the day
[Meme] The Most Liberal Company
"Insurrection? What insurrection?"
apple.com Traffic Down Over 7%, Says One Spyware Firm; Apple's Liabilities Increased Over 6% to $308,030,000,000
Apple is also about 120 billion dollars in debt
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 23, 2024
IRC logs for Saturday, November 23, 2024
[Meme] GAFAMfox
Mozilla Firefox in a state of extreme distress
Google Can Kill Mozilla Any Time It Wants
That gives Google far too much power over its rival... There are already many sites that refuse to work with Firefox or explicitly say Firefox isn't supported
Free (as in Freedom) Software Helps Tackle the Software Liability Issue, It Lets Users Exercise Greater Control Over Programs
Microsofters have been trying to ban or exclude Free software
In the US, Patent Laws Are Up for Sale
This problem is a lot bigger than just patents
ESET Finds Rootkits, Does Not Explain How They Get Installed, Media Says It Means "Previously Unknown Linux Backdoors" (Useful Distraction From CALEA and CALEA2)
FUD watch
Techdirt Loses Its Objectivity in Pursuit of Money
The more concerning aspects are coverage of GAFAM and Microsoft in particular
Links 23/11/2024: Press Sold to Vultures, New LLM Blunders
Links for the day
Links 23/11/2024: "Relationship with Oneself" and Yretek.com is Back
Links for the day
Links 23/11/2024: "Real World" Cracked and UK Online Safety Act is Law
Links for the day
Links 23/11/2024: Celebrating Proprietary Bluesky (False Choice, Same Issues) and Software Patents Squashed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 22, 2024
IRC logs for Friday, November 22, 2024
Gemini Links 23/11/2024: 150 Day Streak in Duolingo and ICBMs
Links for the day